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(영문) 부산지방법원 2015.12.22 2015고합569
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 10, 2015, the Defendant: (a) discovered the victim E (the age of 22) who walked alone in front of D in Busan Western, Seo-gu, Busan, and subsequently, tried to see the victim from behind the victim, etc.; and (b) took the victim’s left chest on his/her hand, and committed an indecent act by coercioning the victim by force.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the age of 13) committed an indecent act by force against the victim under the age of 13 on the basis of the following:45: (a) discovered the victim’s He (the age of 12) who was walking at the street near the G Elementary School located in Busan, Seo-gu, Busan; (b) block the victim’s chest; and (c) set the victim’s breast at approximately 3 seconds; and (d) by force

3. At around 16:47, the Defendant committed a crime stipulated in paragraph (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant found the victim I (the 14-year old age), who was a juvenile frighter in front of the phrases at the above G elementary school, and committed an indecent act by force against the juvenile flasing the victim’s chest in front of the victim’s chest from the victim’s side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E and J, each statement recorded (H and I statement);

1. Drawing up, statement analysis expert opinion, and application of Acts and subordinate statutes to each investigation report (Evidence Nos. 1, 3, 7, 14, 15);

1. Relevant legal provisions concerning facts constituting the crime and the occupation of indecent act by compulsion of a punishment: The occupation of a minor under the age of 13 under Article 298 of the Criminal Act by force: Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act by force of indecent act by force: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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